All words, phrases and terms used in this Part
1 and not defined herein shall be interpreted and construed in conformity with the definitions of the same set forth in the Oklahoma Alcoholic Beverage Control Act, with the same force and effect as if set forth in full
herein, and such definitions are made a part hereof by reference.
ALCOHOL
Includes hydrated oxide of ethyl, ethyl alcohol, ethanol
or spirits of wine, from whatever source or by whatever process produced.
It does not include wood alcohol or alcohol which has been denatured
or produced as denatured in accordance with Acts of Congress and regulations
promulgated thereunder.
ALCOHOLIC BEVERAGE
Alcohol, spirits, beer and wine as those terms are defined
herein and also includes every liquid or solid, patented or not, containing
alcohol, spirits, wine or beer and capable of being consumed as a
beverage by human beings.
BEER
Any beverage of alcohol by volume and obtained by the alcoholic
fermentation of an infusion or decoction of barley, or other grain,
malt or similar products. Beer may or may not contain hops or other
vegetable products. Beer includes, among other things, beer, ale,
stout, lager beer, porter and other malt or brewed liquors, but does
not include sake, known as Japanese rice wine.
BEER KEG
Any manufacturer-sealed, single container that contains not
less than four gallons of beer.
BEER DISTRIBUTOR
Includes any person licensed to distribute beer for retail
sale in the state but does not include a holder of a small brewer
self-distribution license or brewpub self-distribution license. The
term "distributor," as used in this chapter, shall be construed to
refer to a beer distributor.
BREWER
Includes any person who manufactures for human consumption
by the use of raw materials or other ingredients any beer upon which
a license fee and a tax are imposed by any law of this state.
BREWPUB
A licensed establishment operated on the premises of, or
on premises located contiguous to, a small brewer, that prepares and
serves food and beverages, including alcoholic beverages, for on-premises
consumption.
CIDER
Any alcoholic beverage obtained by the alcoholic fermentation
of fruit juice, including but not limited to flavored, sparkling or
carbonated cider. For the purposes of the distribution of this product,
cider may be distributed by either wine and spirits wholesalers or
beer distributors.
CONVENIENCE STORE
Any person primarily engaged in retailing a limited range
of general household items and groceries, with extended hours of operation,
whether or not engaged in retail sales of automotive fuels in combination
with such sales.
CLASS B WHOLESALER
Includes any person doing any such acts or carrying on any
such business that would require such person to obtain a Class B wholesaler
license hereunder.
LICENSEE
Any person holding a license under the Oklahoma Alcoholic
Beverage Control Act and any agent, servant or employee of such licensee
while in the performance of any act or duty in connection with the
licensed business or on the licensed premises.
MIXED BEVERAGE
One or more servings of a beverage composed in whole or part
of an alcoholic beverage in a sealed or unsealed container of any
legal size for consumption on the premises where served or sold by
the holder of a mixed beverage, beer and wine, caterer, or special
event license.
MIXED BEVERAGE COOLER
Any beverage, by whatever name designated, consisting of
an alcoholic beverage and fruit or vegetable juice, fruit or vegetable
flavorings, dairy products or carbonated water containing more than
1/2 of 1% of alcohol measured by volume but not more than 7% alcohol
by volume at 60º F. and which is packaged in a container not
larger than 375 milliliters. Such term shall include, but not be limited
to, the beverage popularly known as a "wine cooler."
OCCUPATION
As used in connection with occupation tax, the site occupied
as the places of business of the manufacturers, wholesalers, Class
B wholesalers, retailers, mixed beverage licensees, caterers and special
event licensees.
ORIGINAL PACKAGE
Any container of alcoholic beverage filled and stamped or
sealed by the manufacturer.
PATRON
Any person, customer or visitor who is not employed by a
licensee or who is not a licensee.
PERSON
Includes an individual, partnership, corporation or association.
PREMISES
The grounds and all buildings and appurtenances pertaining
to the grounds, including any adjacent premises if under the direct
or indirect control of the licensee and the rooms and equipment under
the control of the licensee and used in connection with or in furtherance
of the business covered by a license; provided that the Alcoholic
Beverage Laws Enforcement (ABLE) Commission shall have the authority
to designate areas to be excluded from the licensed premises solely
for the purpose of: allowing the presence and consumption of alcoholic
beverages, not bearing serially numbered identification stamps issued
by the Oklahoma Tax Commission, by private parties which are closed
to the general public; or allowing the services of a caterer serving
alcoholic beverages provided by a private party. This exception shall
in no way limit the licensee's concurrent responsibility for any violations
provided in the Code of Ordinances of the City of El Reno occurring
on the licensed premises.
RETAIL DEALER
Includes any person who sells any beer, as defined herein,
at retail for consumption or use, and such definitions include state
and county fair associations, and special licenses may be issued for
the sale of beer, as herein defined, by such associations, and to
other persons for the sale of such beer, at rodeos, picnics or other
organized temporary assemblages of people. The term "retail dealer"
also includes railways for the sale of such beverages, and licenses
may be issued for each dining car or railway train, which railways
and dining cars shall pay the same license fees as regular retail
dealers.
RETAILER
The holder of a package store license.
SALE
Any transfer, exchange or barter in any manner or by any
means whatsoever and includes and means all sales made by any person,
whether as principal, proprietor or as an agent, servant or employee.
The term "sale" is also declared to be and include the use or consumption
in this state of any alcoholic beverage obtained within or imported
from without this state, upon which the excise tax levied by the Oklahoma
Alcoholic Beverage Control Act has not been paid or exempted.
SPIRITS
Any beverage other than wine or beer, which contains more
than 1/2 of 1% alcohol measured by volume, and obtained by distillation,
whether or not mixed with other substances in solution and includes
those products known as whiskey, brandy, rum, gin, vodka, liqueurs,
cordials and fortified wines and similar compounds, but shall not
include any alcohol liquid completely denatured in accordance with
the Acts of Congress and regulations pursuant thereto.
WHOLESALER
Includes any person doing any such acts or carrying on any
such business or businesses that would require such person to obtain
a wholesaler's license or licenses hereunder.
WINE
Includes any beverage containing more than 1/2 of 1% alcohol
by volume and not more than 24% alcohol by volume at 60º F. obtained
by the fermentation of the natural contents of fruits, vegetables,
honey, milk or other products containing sugar, whether or not other
ingredients are added, and includes vermouth and sake, known as Japanese
rice wine.
No person shall buy any alcoholic beverages, either at retail
or wholesale, from any person other than a dealer licensed under the
laws of the State of Oklahoma.
No person shall violate the open saloon prohibition as set forth in the constitution and the laws of Oklahoma. Any violation of this section shall be punishable as provided in §
275-45 of this chapter.
No retail package store shall be conducted upon any premises,
unless such premises are separated from the premises on which any
other goods, wares or merchandise are sold or services are rendered
by nontransparent walls, which may be broken by a passageway to which
the public is not admitted; provided that it shall be unlawful for
any person to take any alcoholic beverage from such store through
such passageway for the purpose of selling, reselling or delivering
in connection with the sale of such alcoholic beverage.
Retail package stores may sell only alcoholic beverages in retail
containers in the original package for consumption off the premises.
All retail sales shall be made on the premises licensed by the state,
and no retail deliveries of alcoholic beverages shall be made off
the premises.
Any person selling or keeping a package store open to sell any
alcoholic beverage during any day or hours not authorized by the Oklahoma
Alcoholic Beverage Control Act, and any person selling or permitting the sale of alcoholic
beverages at a grocery store, convenience store or drug store during
any day or hours not authorized by the Oklahoma Alcoholic Beverage
Control Act shall be guilty of a misdemeanor for a first violation,
and upon conviction shall be fined not more than $500, or imprisoned
in the county jail for not more than one year, or by both such fine
and imprisonment. Any person convicted of a second or subsequent violation
shall be guilty of a felony and shall be fined not less than $2,500
nor more than $5,000 or imprisoned in the state penitentiary for not
more than five years, or by both such fine and imprisonment.
No person holding a state package store license shall permit
any person under 21 years of age to enter into, remain within or loiter
about his licensed premises.
No person shall employ any person under the age of 21 in the
selling or handling of alcoholic beverages; provided that a mixed
beverage, caterer or special event licensee may employ servers who
are 18 years of age or older, except in designated bar or lounge areas.
No person shall knowingly sell, deliver or furnish any alcoholic
beverage to any person under 21 years of age.
It shall be unlawful for any person who holds a license to sell
and dispense alcoholic beverages or any agent, servant or employee
of said license holder to sell, barter or give to any person under
21 years of age any alcoholic beverage.
No person under 21 years of age shall misrepresent his/her age
in writing or by presenting false documentation of age for the purpose
of inducing any person to sell him/her either alcoholic beverages.
It shall be unlawful for any person under the age of 21 years
to be in possession of any alcoholic beverages while such person is
upon any public street, road or highway, or in any public building
or place.
No person shall knowingly sell, deliver or furnish alcoholic
beverages to an intoxicated person or to any person who has been adjudged
insane or mentally deficient.
No person operating a cafe, restaurant, club or any place of
recreation shall permit any person to be drunk or intoxicated in such
place of business.
No person shall knowingly transport in any vehicle upon the
public highways, streets or alleys of the City any alcoholic beverage,
except in the original container which shall not have been opened
and the seal upon which shall not have been broken, and from which
the original cap or cork shall not have been removed, unless the opened
container is in the trunk or rear compartment, which shall include
the spare tire compartment in a station wagon or panel truck, or any
outside compartment which is not accessible to the driver or any other
person in the vehicle while it is in motion.
It shall be unlawful for any person to loiter in any place where
any alcoholic beverage of any kind is bartered, sold, given away or
otherwise furnished in violation of law.
No person under 21 years of age shall consume beer as defined
in this Code in any public place, except as permitted by law. Any
person violating the provisions of this section shall be guilty of
a misdemeanor; provided that the provisions of this section shall
not apply when such persons are under the direct supervision of their
parent or guardian, but in no instance shall this exception be interpreted
to allow such person to consume such beverages in any place licensed
to dispense beverages.
From and after the effective date of this section, it shall
be unlawful for any place licensed to sell alcoholic beverages to
sell such beverages for consumption on the premises between the hours
of 2:00 a.m. and 7:00 a.m., except Saturday nights when such beverages
may not be sold between the hours of 2:00 a.m. and 12:00 noon on Sundays.